Most Colorado Springs drivers have heard the term personal injury lawsuit. Even if you’ve never been injured in a car accident or other incident involving someone else’s negligence, you’ve most likely been exposed to the term.
You’ve seen the TV ads and billboards with Colorado Springs personal injury lawyers, shouting at the camera “Have you been injured?” and promising to get you compensation for your losses.
Filing a personal injury lawsuit is one of the many steps involved in getting that compensation. But filing is not the first step.
In this article, we explain the important steps you must take before filing a personal injury lawsuit in Colorado Springs.
4 Steps to Prepare for Filing Your Personal Injury Lawsuit
1. Seek Immediate Medical Attention
As soon as possible after the accident, the most important thing to do is get medical attention. Immediate medical help is critical for your health and well-being (and may even save your life).
Even if you think you are “okay,” you should still see a doctor as soon as possible. Many injuries from accidents don’t make themselves known until days, weeks, or even months after the incident.
Related: Facts about Whiplash
To file a personal injury lawsuit in Colorado you need to prove you were injured. Timing is important here, the sooner you get a medical evaluation after the accident the better. A long delay in seeking treatment after the accident can cause problems in a Colorado Springs courtroom.
The doctors who treat you will be the ones who will have the most accurate records as to your condition and your injuries. Those records may be vital evidence in your personal injury lawsuit as could your doctor’s testimony.
If you don’t get immediate treatment for your injuries, a defendant could argue that the seriousness of your injuries was at least partially your fault for not seeing a doctor.
2. Gather Evidence and Information to Support Your Personal Injury Lawsuit
After a car accident, you should get the name, contact, and insurance information from the other driver. You should take pictures of the scene. Get the names and numbers of any witnesses, including passengers, pedestrians, or anyone who has stopped to help.
3. Contact Your Insurance Company
Let your car insurance company know you’ve been in a car accident, giving a detailed description of what happened.
But be careful: do not admit fault and never agree to any settlement without consulting with an experienced Colorado accident injury attorney. This is especially true if contacted by the other driver’s insurance company.
4. Meet With an Experienced Personal Injury Lawyer
Does Colorado law require you to have a lawyer in order to file a personal injury lawsuit? No. You may represent yourself in court and file necessary pleadings and documents throughout the course of your lawsuit. You can even try the case yourself, including presenting evidence and witnesses.
But if you do so, you will regret it.
Both the Colorado personal injury laws and the rules of procedure and evidence are complex. The judge in your case is unlikely to cut you slack for not understanding the rules.
In fact, the delays and disruptions that come from not knowing what you are doing or how personal injury lawsuits work will likely make the judge angry and impatient with you.
And remember this: the defendant will have at least one if not more aggressive and experienced lawyers fighting you every step of the way.
The odds of you being able to know and do the right things to overcome their overwhelming firepower and recover any money are slim to none.
Not to mention the time and cost involved in a personal injury lawsuit.
A personal injury lawyer will use his or her education, experience, and training to effectively fight to get you compensation, while you focus on recovering from your injuries. A good personal injury lawyer will know exactly what to do and how to win.
Most Colorado Springs personal injury lawyers, this firm included, will not charge you a dime in attorney’s fees for a free initial consultation or for the entire case if they fail to get you compensation.
It is really a no-risk proposition to meet with a lawyer. On the other hand, trying to file and pursue your lawsuit on your own can cost you a lot.
Filing the Personal Injury Lawsuit
If you do things on your own, you are well within your rights to prepare a complaint, go to the Colorado Springs courthouse, file the complaint and pay the fees, and pay to have the lawsuit served on the defendant.
If your accident occurred in El Paso County or the person you are suing resides in El Paso County, you will likely file your suit with the District Clerk in the Civil Division of the El Paso District Court.
But know this: there are strict time limits on when you can file a Colorado personal injury lawsuit. If you wait until after that deadline passes, you won’t be able to recover any compensation even if you had the strongest case in the world.
Summary
We’ve explained the four key steps to perform before you file your personal injury lawsuit in Colorado Springs. Preparation is key to winning a personal injury lawsuit. Just as important as preparation is timing. Don’t let long delays between the accident and medical treatment or speaking with an attorney hurt your chances of winning the lawsuit.
Find out if you Sufficient Grounds for a Personal Injury Lawsuit
If you or a loved one has been injured in a car accident, the best advice is to consult with a personal injury attorney as soon as possible. Contact King & Beaty to schedule your free consultation with an injury lawyer as soon as possible after the accident.
